- The intentional tort where a person wrongly confines or restrains another. The requirements of a false imprisonment claim are a (1) willful detention; (2) without consent; and (3) without authority of law. While false imprisonment commonly involves physical confinement in closets, jail cells, small quarters, like loss prevention offices, it can occur in any sized area where the plaintiff’s freedom of movement has somehow been restricted. The detention must be willful; accidentally locking someone in a closet, for example, will not make one liable for false imprisonment. Common lawsuits for false imprisonment may include facts involving security personnel who wrongly detain a suspected shoplifter, date rape suspects and domestic abusers who prevent victims from leaving a location and any context where a person abuses authority to restrain or confine another.
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